MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Monday, April 2, 2001
8 a.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Health and
Human Services was held on Monday, April 2, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman None
Senator John Carona, Vice Chairman
Senator David Bernsen
Senator Mario Gallegos, Jr.
Senator Chris Harris
Senator Frank Madla
Senator Jane Nelson
Senator Eliot Shapleigh
Senator David Sibley
*****
The chair called the meeting to order at 8:01 a.m. The following
business was transacted.
The chairman laid out SB 361 by Senator Lucio, relating to the
membership and activities of the Interagency Council on Autism
and Pervasive Developmental Disorders, and recognized the author
to explain the bill.
Senator Carona sent up a committee substitute for SB 361 and
Senator Lucio explained the differences between it and the bill
as filed.
Senator Carona moved the adoption of the committee substitute
for SB 361. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 361 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
361, the chairman closed public testimony.
The chairman left the committee substitute for SB 361 pending
temporarily, to await the arrival of a quorum.
The chairman laid out SB 1767 by Senator Carona, relating to the
issuance of a protective custody order by a magistrate, and
recognized the author to explain the bill.
At 8:15 a.m. a quorum was established.
Witnesses testifying and registering on SB 1767 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 1767, the chairman closed public testimony.
At the author's request, SB 1767 was left pending.
The chairman laid out anew, SB 361 by Senator Lucio, relating to
the membership and activities of the Interagency Council on
Autism and Pervasive Developmental Disorders, which had been
left pending to await the arrival of a quorum.
Senators Gallegos and Nelson asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 361. There
being no objection, the motion prevailed by unanimous consent.
Senator Carona moved that SB 361 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 9 ayes, 0 nays and 0 absent.
Senator Carona moved that the committee substitute for SB 361 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out SB 908 by Senator Shapleigh, relating to
the establishment of a program of all-inclusive care for the
elderly (PACE), and recognized the author to explain the bill.
Witnesses testifying and registering on SB 908 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 908, the chairman closed public testimony.
At the author's request, SB 908 was left pending.
The chairman laid out SB 1051 by Senator Shapleigh, relating to
the training and regulation of promotoras, and recognized the
author to explain the bill.
Senator Shapleigh sent up a committee substitute for SB 1051 and
explained the differences between it and the bill as filed.
Senator Shapleigh moved the adoption of the committee substitute
for SB 1051. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1051 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1051, the chairman closed public testimony.
Senators Bernsen, and Gallegos asked unanimous consent to be
shown voting "aye" on the committee substitute for SB 1051.
There being no objection, the motion prevailed by unanimous
consent.
Senator Shapleigh moved that SB 1051 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2
absent.
Senator Shapleigh moved that the committee substitute for SB
1051 be recommended for certification on the local and
uncontested calendar. There being no objection, the motion
prevailed by unanimous consent.
At 8:43 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 833 by Senator Moncrief, relating to
child-care services and to an exemption from the sales and use
tax for certain equipment purchased or used to provide
child-care services, and recognized the author to explain the
bill.
Senator Moncrief sent up a committee substitute for SB 833 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 833. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 833 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
833, the chairman closed public testimony.
Senators Bernsen and Gallegos asked unanimous consent to be
shown voting "aye" on the committee substitute for SB 833.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 833 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 8 ayes, 0 nays and 1
absent.
Senator Moncrief moved that the committee substitute for SB 833
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out SB 1238 by Senator Moncrief, relating to
creation of a child-care registry for certain child-care
providers, and recognized the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1238 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1238. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1238 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1238, the chairman closed public testimony.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1238. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson asked unanimous consent to be shown voting "nay"
on the committee substitute for SB 1238. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1238 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 7 ayes, 1 nay and 1
absent.
At 9:12 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 160 by Senator Zaffirini, relating to
incentive program and employment services to benefit certain
recipients of financial assistance, and recognized Senator
Carona, in absence of the author, to explain the bill.
Witnesses testifying and registering on SB 160 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 160, the chairman closed public testimony.
At the chairman's request, SB 160 was left pending.
The chairman laid out SB 875 by Senator West, relating to
participation of fathers in program and services administered by
the Health and Human Services Commission and health and human
services agencies and functions performed by the office of the
attorney general, and recognized the author to explain the bill.
Witnesses testifying and registering on SB 875 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 875, the chairman closed public testimony.
The chairman left SB 875 pending temporarily, to await the
arrival of a quorum.
The chairman laid out SB 1212 by Senator Zaffirini, relating to
the examination for licensure as a chemical dependency
counselor, and recognized Senator Carona, in absence of the
author, to explain the bill.
Witnesses testifying and registering on SB 1212 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 1212, the chairman closed public testimony.
The chairman left SB 1212 pending temporarily, to await the
arrival of a quorum.
At 9:22 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 1300 by Senator Cain, relating to the
practice of medicine without an annual registration receipt, and
recognized Senator Moncrief, in absence of the author, to
explain the bill.
Witnesses testifying and registering on SB 1300 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 1300, the chairman closed public testimony.
The chairman left, SB 1300 pending temporarily, to await the
arrival of a quorum.
The chairman laid out SB 1411 by Senator Moncrief, relating to
dental services provided under the medical assistance program,
and recognized the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1411 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1411. There being no other objection, the motion
prevailed by unanimous consent.
Testimony on the committee substitute for SB 1411 began.
Upon unanimous consent, the chairman recessed the committee at
9:53 a.m., until 30 minutes after the adjournment of the Texas
Senate.
The chairman reconvened the Senate Committee on Health and Human
Services at 2:47 p.m.
At 2:47 p.m. Senator Gallegos assumed presiding duties.
Testimony on the committee substitute for SB 1411 resumed.
Witnesses testifying and registering on the committee substitute
for SB 1411 are shown on the attached list. Testimony on the
committee substitute for SB 1411 was left open.
At the author's request, the committee substitute for SB 1411
was left pending.
The chairman laid out SB 514 by Senator Truan, relating to
expanding grant programs formerly limited to physicians to
include other health care professionals, and recognized Senator
Moncrief, in absence of the author, to explain the bill.
Senator Moncrief sent up a committee substitute for SB 514 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 514. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 514 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
514, the chairman closed public testimony.
The chairman left the committee substitute for SB 514 pending
temporarily, to await the arrival of a quorum.
The chairman laid out SB 1586 by Senator Moncrief, relating to
fees for copies of birth and death certificates, and recognized
the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1586 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1586. There being no objection, the motion prevailed by
unanimous consent.
At 2:58 p.m. Senator Harris assumed presiding duties.
Witnesses testifying and registering on the committee substitute
for SB 1586 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1586, the chairman closed public testimony.
The chairman left the committee substitute for SB 1586 pending
temporarily, to await the arrival of a quorum.
At 3:08 p.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 1475 by Senator Duncan, relating to the
abolition of the Children's Trust Fund of Texas Council and to
the transfer of its power and duties to the Department of
Protective and Regulatory Services, and recognized the author to
explain the bill.
Senator Harris sent up a committee substitute for SB 1475 and
Senator Duncan explained the differences between it and the bill
as filed.
Senator Harris moved the adoption of the committee substitute
for SB 1475. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1475 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1475, the chairman closed public testimony.
Senators Bernsen, Gallegos, Madla and Nelson asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1475. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris moved that SB 1475 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Harris moved that the committee substitute for SB 1475
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out anew, SB 514 by Senator Truan, relating to
expanding grant programs formerly limited to physicians to
include other health care professionals, which was left pending
to await the arrival of a quorum.
Senators Bernsen, Gallegos, Madla and Nelson asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 514. There being no objection, the motion prevailed by
unanimous consent.
Senator Carona moved that SB 514 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that the committee substitute for SB 514 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out anew SB 1300 by Senator Cain, relating to
the practice of medicine without an annual registration
recipient, which had been left pending to await the arrival of a
quorum.
Senators Bernsen, Gallegos, Madla and Nelson asked unanimous
consent to be shown voting "aye" on SB 1300. There being no
objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that SB 1300 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Shapleigh moved that SB 1300 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out anew, SB 875 by Senator West, relating to
participation of fathers in program and services administered by
the Health and Human Services Commission and health and human
services agencies and functions performed by the office of the
attorney general, which had been left pending to await the
arrival of a quorum.
Senators Bernsen, Gallegos and Madla asked unanimous consent to
be shown voting "aye" on SB 875. There being no objection, the
motion prevailed by unanimous consent.
Senator Carona moved that SB 875 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 7 ayes, 0 nays and 2 absent.
The chairman laid out anew, SB 1212 by Senator Zaffirini,
relating to the examination for licensure as a chemical
dependency counselor, which had been left pending to await the
arrival of a quorum.
Senators Bernsen, and Gallegos asked unanimous consent to be
shown voting "aye" on SB 1212. There being no objection, the
motion prevailed by unanimous consent.
Senator Carona moved that SB 1212 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Carona moved that SB 1212 be recommended for
certification on the local and uncontested calendar. There being
no objection, the motion prevailed by unanimous consent.
The chairman laid out SB 1006 by Senator Van de Putte, relating
to testing for accidental exposure to hepatitis B or hepatitis
C, and recognized the author to explain the bill.
Senator Harris sent up a committee substitute for SB 1006 and
Senator Van de Putte explained the differences between it and
the bill as filed.
Senator Harris moved the adoption of the committee substitute
for SB 1006. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1006 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1006, the chairman closed public testimony.
Senators Bernsen, Gallegos, Madla and Nelson asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1006. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris moved that SB 1006 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Harris moved that the committee substitute for SB 1006
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out SB 1084 by Senator Harris, relating to
requiring hepatitis A vaccines for food service employees, and
recognized the author to explain the bill.
Witnesses testifying and registering on SB 1084 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 1084, the chairman closed public testimony.
At 4:02 p.m. Senator Carona assumed presiding duties.
At the author's request, SB 1084 was left pending.
The chairman laid out SB 772 by Senator Harris, relating to
requiring the Texas Department of Human Services to establish
criteria for designating nursing facility operators with
excellent operating records as eligible to acquire a license to
operate another existing nursing facility on an expedited basis,
and recognized the author to explain the bill.
Witnesses testifying and registering on SB 772 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 772, the chairman closed public testimony.
At the author's request, SB 772 was left pending.
The chairman laid out anew, the SB 1586 by Senator Moncrief,
relating to fees for copies of birth and death certificates,
which had been left pending to await the arrival of a quorum.
Senators Moncrief, Bernsen and Gallegos asked unanimous consent
to be shown voting "aye" on the committee substitute for SB
1586. There being no objection, the motion prevailed by
unanimous consent.
Senator Shapleigh moved that SB 1586 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 5 ayes, 0 nays, and
4 absent.
Senator Shapleigh moved that the committee substitute for SB
1586 be recommended for certification on the local and
uncontested calendar. There being no objection, the motion
prevailed by unanimous consent.
At 4:12 p.m. Senator Shapleigh assumed presiding duties.
The chairman laid out anew, SB 1767 by Senator Carona, relating
to the issuance of a protective custody order by a magistrate,
which had been left pending.
Senator Carona sent up a committee substitute for SB 1767 and
explained the differences between it and the bill as filed.
Senator Carona moved the adoption of the committee substitute
for SB 1767. There being no objection, the motion prevailed by
unanimous consent.
Senators Moncrief, Bernsen, Gallegos and Madla asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1767. There being no objection, the motion prevailed by
unanimous consent.
Senator Carona moved that SB 1767 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Carona moved that the committee substitute for SB 1767
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
At 4:14 p.m. Senator Carona assumed presiding duties.
The chairman laid out anew, SB 908 by Senator Shapleigh,
relating to the establishment of a program of all-inclusive care
for the elderly (PACE), which had been left pending.
Senators Moncrief, Bernsen, Gallegos, and Madla asked unanimous
consent to be shown voting "aye" on SB 908. There being no
objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that SB 908 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 6 ayes, 0 nays, and 3 absent.
The chairman laid out the March 26, 2001, minutes and called for
revisions. There being none, Senator Shapleigh moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
There being no other business to come before the committee,
Senator Carona recessed the committee by unanimous consent at
4:18 p.m., subject to the call of the chairman.
____________________________________
Mike Moncrief, chairman
_____________________________________
Scott Caffey, committee clerk